FREE NEWSLETTER

Learn how to benefit from United States immigration laws and procedures from a former INS Attorney (1976-82) with over 30 years of experience. SHUSTERMAN'S IMMIGRATION UPDATE is must reading for potential immigrants, employers, human resources managers, immigration attorneys, reporters and policy makers. Join over 55,000 persons in more than 150 countries in subscribing to our FREE monthly e-mail newsletter. E-Mail Address: Your Name:

Free Subscription to SHUSTERMAN'S IMMIGRATION UPDATE
Back Issues of SHUSTERMAN'S IMMIGRATION UPDATE

Volume Thirteen, Number Three

SHUSTERMAN'S IMMIGRATION UPDATE is the Web's most popular e-mail newsletter regarding U.S. immigration laws and procedures with over 54,000 subscribers located in more than 150 countries. It is written by a former INS Trial Attorney (1976-82) with over 30 years of experience practicing immigration law.

Published by the Law Offices of Carl Shusterman, 600 Wilshire Boulevard, Suite 1550, Los Angeles, California, 90017. Phone: (213) 623-4592 x0

To subscribe, type in your name and e-mail address at http://shusterman.com/subscribe.html#subscribe and click on "Subscribe".

To unsubscribe, type in your e-mail address at http://shusterman.com/subscribe.html#unsubscribe and click on "Unsubscribe".

Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.

TABLE OF CONTENTS:

NEWS FLASHES:

• Advertisers - Immigration-related businesses are flocking to sponsor our newsletter and to advertise on our website. We already have sponsors for our May and June newsletters. One EB-5 regional center has signed a nine-month contract to place banner ads on our investor pages. If your company wishes to sponsor our newsletter or place a banner ad on one of our pages, please contact Phil Miller at pmiller@mhagroup.com or at (469) 524-1420.

• Asylum - The State Department has released the Country Rights Reports on Human Rights Practices for the year 2007. Why spend real money to buy the report when you can get it online for free? See
  http://shusterman.com/toc-asyl.html#2
  and click on "2007 State Department Country Reports on Human Rights Practices (March 2008)". We also link to previous reports starting from 1997.

• Board of Immigration Appeals Precedent Table - This document compiles headnotes from BIA precedent cases published in volumes 21, 22, 23 and 24 of the Administrative Decisions under the Immigration and Nationality Laws of the United States, organized by topic. As such, it includes all BIA cases published from Matter of Esposito (March 30, 1995) to the present. We link to this document from our "BIA" page at
  http://shusterman.com/bia.html

• Immigration Court Practice Manual - On March 13, the Executive Office for Immigration Review (EOIR) announced that it had extended the effective date of the Immigration Court Practice Manual to July 1, 2008, in response to requests from members of the bar. The new date provides an additional 3 months for interested parties to become familiar with the Practice Manual." We link to the Practice Manual from our "Immigration Courts" page at
  http://shusterman.com/imcourts.html

• Iraqi Refugee Processing - On March 11, the Department of Homeland Security (DHS) published a fact sheet on Iraqi Refugee Processing. So far, only 3,500 Iraqi refugees have been admitted to the U.S. Over 10,000 more are in the pipeline. See
  http://www.dhs.gov/xnews/releases/pr_1205327590498.shtm

• Labor Department Update - On March 5, the Department of Labor (DOL) announced that, as of June 1, all PERM applications will be processed at the Atlanta National Processing Center (NPC). Other applications (i.e., H-1C, H-2A, H-2B as well as D-1 crewmen performing longshore work will be processed at the Chicago NPC. Also, requests for the withdrawal of a labor condition application (LCA) for an H-1B or E-3 petition must be submitted to the Chicago NPC. During the past few months, the processing times for PERM applications have increased as have the percentage of PERM applications being audited.

• No-Match Rule, Take Two - On March 26, the DHS, for the second time, published a proposed "no-match" rule in the Federal Register. This rule would allow employers to establish a "safe haven" when they receive a letter from the Social Security Administration (SSA) and from DHS that the Social Security numbers of certain employees do not match their names of employees as long as they follow certain procedures, the last of which may involve terminating the employee(s). A Federal Judge issued an injunction against an identical regulation last year. The DHS has appealed this ruling, and the appeal is pending. Now, the DHS is again proposing the regulation, albeit with new (and improved?) justifications. We link to the proposed regulation from our "Employers' Immigration Guide" at
  http://shusterman.com/toc-emp.html#7a

• Temporary Protected Status (TPS) - Last month, the USCIS announced that TPS would be extended to September 17, 2009 for certain nationals of Somalia. See
  http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d06529124cc88110VgnVCM1000004718190aRCRD&vgnextchannel=17dcb6f2cae63110VgnVCM1000004718190aRCRD
  and
  http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d8529124cc88110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

• USCIS Director Resigns - On March 13, USCIS Director Emilio Gonzalez announced that he would resign his post effective April 18, 2008. Mr. Gonzalez denied that his resignation was triggered by criticism he received when huge fee increases resulted in such a significant delay in processing naturalization applications that most persons who applied for naturalization after June 2007 will not be able to vote in the 2008 elections.

• Visa Bulletin - To view the April 2008 Visa Bulletin, see our "Visa Bulletin" page at
  http://shusterman.com/vb.html

• Visa Waiver Agreements - On March 12, the DHS announced the signing of new Visa Waiver Program agreements with Estonia and Latvia. Then, on March 17, three more agreements were signed with Slovakia, Hungary and Lithuania. A short time ago, the DHS also signed such an agreement with the Czech Republic. The Visa Waiver Program allows foreign nationals from certain countries to enter the U.S. as visitors for business or pleasure for up to 90 days. We link to the DHS press releases regarding the new agreements and to general information about the Visa Waiver Program from our "Temporary Visas" page at
  http://shusterman.com/toc-temp.html#3

• Western Hemisphere Travel Initiative - On March 27, the State Department and DHS issued a final regulation governing U.S., Canadian and Bermudian citizens who enter the U.S. by land or sea beginning on June 1, 2009. They must present a passport, an approved drivers' license or a document issued by the DHS for frequent travelers. Since January 23, 2007, all persons entering the U.S. from the Western Hemisphere by air have been required to present their passports. Mexican citizens traveling by land, air or sea must present a passport and visa, or a laser visa or border crossing card. We link to the DHS Press Release and Final Rule (151 pages) and to a brief Q & A on the subject from our "DHS" page at
  http://www.shusterman.com/dhs.html#1

CONTENTS:

1. H-1B Filing Frenzy in Full Swing - April 7th Deadline

We estimate that well over 100,000 such petitions will be filed for 58,200 slots before the April 7th deadline. Another 6,800 H-1B1 visas are reserved for citizens of Singapore and Chile. And 20,000 persons with advanced degrees in the U.S. can apply under a separate quota.

The winners will be chosen by a random lottery and cannot start working for their employers until October 1, 2008.

Last year, the USCIS received over 120,000 approvable H-1B petitions in the first two days. As a result of the arbitrary 65,000 cap, ten of thousands of highly-educated workers will be forced to leave the U.S.

Among those who must return to their home countries will be teachers at inner-city schools, physicians and therapists in medically-underserved areas and numerous scientists and computer professionals.

We link to the USCIS regulations published just days before the filing deadline from our "H-1B" page at

Persons whose employers submit multiple H-1B petitions on their behalf will be excluded from the lottery.

This is hardly the way for our country to stay competitive in a global economy. Many talented business professionals, scientists, doctors and others who were trained in the U.S. will be taking their education and talent elsewhere unless the H-1B visa quota is increased. One hopes that Congress will see the light and either eliminate or raise the H-1B cap.

2. Legislation: Bills Introduced to Increase H-1B Cap

On March 13, Representative Gabrielle Giffords (D-AZ) introduced the "Innovation Employment Act" which would increase the H-1B cap from 65,000 to 130,000 in both the present and the upcoming fiscal year.

Starting in fiscal year 2010 (which begins on October 1, 2009), if the cap was reached in the previous fiscal year, it would automatically be raised by 20% or up to 180,000, whichever is higher, in the next fiscal year. This would continue until fiscal year 2015.

The bill would also retain the 20,000 H-1B cap for those with advanced degrees in the U.S.

In addition, the bill would add a provision to the law which would provide that persons with advanced degrees in the U.S. in the fields of science, technology, engineering and mathematics (STEM) would no longer be subject to a numerical cap if the employer requires such a degree as a condition of employment.

Finally, the bill creates a new 20,000 cap for persons with advanced degrees obtained outside the U.S. in STEM subjects where the U.S. employer requires such a degree as a condition of employment.

The bill also contains a number of strict enforcement provisions.

On March 14, Representative Lamar Smith (R-TX), along with three co-sponsors, introduced the "Strengthening United States Technology and Innovation Now Act" also known as the "SUSTAIN Act".

The SUSTAIN Act would increase the H-1B cap to 195,000 during fiscal years 2008 and 2009.

We link to both bills from our "Immigration Legislation" page at

3. Bill Gates Testifies on Need for Immigration Reform

The simple answer is, this is not an "either/or" proposition. We must do both. Without foreign workers, we might not have Google or Yahoo or a host of other high-tech and biotechnology companies.

On March 12, Microsoft CEO Bill Gates testified before the House of Representatives Subcommittee on Science and Technology. Mr. Gates made a number of interesting points in his testimony, some of which relate to our country's misguided policies which restrict the granting of visas and green cards to high-skilled workers.

Do H-1B workers take jobs away for U.S. workers? Mr. Gates cited a study by the National Foundation of American Policy (NFAP), a research organization, which found that companies added an average of five to seven and one-half American workers for every H-1B petition that they submitted.

Mr. Gates also made the following statement about the contributions of foreign-born workers to the U.S. economy:

"Moreover, the simple fact is that highly skilled foreign- born workers make enormous contributions to our economy. A recent survey by Duke University and the University of California - Berkeley found that one quarter of all start-up U.S. engineering and technology firms established between 1995 and 2005 had at least one foreign-born founder. By 2005, these companies produced $52 billion in sales and employed 450,000 workers."

Among Mr. Gates' recommendations for "Revamping Immigration Rules for Highly Skilled Workers" are the following:

1. The present 65,000 quota on H-1B workers was exhausted in a single day in April 2007. The H-1B cap bears no relationship to economic reality. The cap should be dramatically increased.

2. Bachelors degrees, which are a prerequisite for qualifying for H-1B status, are awarded two months after the April filing period. Therefore, it makes sense to extend the work permits for students studying at U.S. universities after they graduate. Under the present system, a foreign-born student majoring in Computer Science at Stanford or MIT who obtains his B.S. this June cannot qualify for H-1B status during 2008. He can only obtain a one-year work card ("optional practical training" aka "OPT") which will expire in June 2009. His employer will be able to submit an H-1B petition on his behalf in April 2009 and request that the USCIS grant him H-1B status starting in October 2009. This creates a four-month gap in which he is not permitted to work, from June to October 2009. In addition, his chances of being selected in the "H-1B Lottery" are only 50%. Because of these convoluted immigration rules, many of these talented persons are forced to leave the U.S. Some never return. Mr. Gates recommends extending OPT from 12 to 29 months. The USCIS could make this change within the present legal framework. We link to an excellent article regarding this issue in Computerworld entitled "H-1B Backers Seek White House Help for Foreign Students" from our "Immigration for Computer Professionals" page at
   http://shusterman.com/toc-it.html

3. Congress should create a streamlined path to permanent resident status for highly-skilled workers. We agree. The present system often forces high-tech employees to work for their employers year after year until they receive their green cards. With a streamlined system, workers would receive their green cards more quickly, and change employers if they wish.

4. Congress should increase the number of employment- based (EB) visas and get rid of per-country quotas. At present, only 140,000 persons may qualify for EB green cards each year, and this number includes not only the workers but their spouses and children. In reality, only 5-10% of all immigrants qualify for green cards through their jobs. Also, individuals born in a single country are limited to receiving 7% of the worldwide quota of visas. In practice, this means that a computer programmer with an advanced degree or a physician born in Sri Lanka can obtain a green card in a fraction of the time that it takes someone born in India. This is discrimination based on nationality, pure and simple.

   We hope that Congress and the USCIS will seriously consider and act upon these recommendations.

   We link to Mr. Gates testimony and to numerous related articles from our "Immigration for Computer Professionals" page at

   http://shusterman.com/toc-it.html#1

4. Our First Podcast and An Upcoming Immigration Seminar

I decided to find out a couple of weeks ago. I read two topics (#2 and #3) from this newsletter, and created a nine-minute audio file.

I added a brief musical intro, interlude and ending, and added photos to go along with the subjects that I covered. Each photo, like the one of Bill Gates testifying before Congress about the need for more H-1B and EB visas, introduced a new chapter, and included a link to our web site where listeners could click to find additional information.

Whenever I coughed or tripped over my words, I edited this out of the podcast and inserted a new, and hopefully better, audio segment.

Then I uploaded the whole project to the web and created a podcast page at

We call our podcast series "Immigration Today". The first episode is entitled "Immigration and High-Tech Workers: Increasing the H-1B Cap (3-22-08)". Listen to it online by clicking on the tiny arrow under the picture at

Let us know what you think about our podcast, and feel free to give us your ideas for new podcast subjects and some tips for improving our podcasts, by e-mailing us at